Angry Netflix investors upset that they did not receive advance warning the online and DVD rental movie service was facing the expiration of several important content contracts and would have to pay substantially more to renew them have launched a class action lawsuit against the company.

The City of Royal Oak Retirement System, which holds a substantial number of shares in the company, hired Robbins, Geller, Rudman & Dowd LLP, who filed the suit in U.S. District Court Friday on behalf of the pension fund and similarly situated investors.

The suit claims Netflix management misled investors with plans to grow the business while the company was actually preparing to significantly increase prices to cope with the increased licensing costs to stream content.

Netflix management in July announced it was effectively separating its streaming and DVD-by-mail businesses by charging individual subscription rates for each, resulting in a 60 percent rate hike for some subscribers.  Then it suggested it would spinoff its DVD rental business to its own division, to be called Qwikster.  Neither plan impressed customers, and led many to downgrade or discontinue service.  It did nothing for Netflix’s stock price either.  The stock tumbled from a July price of $291.27 to $94.79 last week.

The suit charges:

“At the beginning of the class period, Netflix was facing increasing competition for streaming business, and content providers were exploring new ways to distribute their content and/or maximize their licensing fees. Rather than fully disclose the devastating cost increases which were then threatening Netflix’s entire business, the defendants talked about [their] ability to grow.”

Several Netflix executives’ personal portfolios have grown as a result of selling their personal shares in the company, netting more than $90 million before the rate increase was announced, a fact the lawsuit also prominently mentions.

Time Warner Cable has opened up access to HBO GO and Max GO to all customers who subscribe to the premium movie channels.  A brief beta test for Time Warner’s super-premium Signature Home customers concluded earlier this week and the service is now available to all.

Stop the Cap! tested the HBO GO service earlier today and can report the service is up and running for Time Warner customers.

HBO GO's current movie selection includes a number of older titles.

The most cumbersome part of both services is the authentication process.  Graceful it is not.  Customers have to start their journey at either the HBO or Cinemax “TV Everywhere” portal, select their cable operator, and then get prompted to authenticate their cable TV service.  Time Warner’s authentication process makes this especially confusing by notifying customers not to use their bill payment service account username and password.  Instead, customers are told to use login credentials for the cable company’s customer information and authentication portal — My Services.  It is easy to get confused which username and password to use.  If you do not have a “My Services” account, the registration process is even more tedious, because you have to wait for confirmation e-mail messages and hunt down a current cable bill, if you receive one in the mail at all.

Having registered for other TV Everywhere services from Time Warner Cable before, it was more than a little annoying going through the same process all over again for HBO.  HBO and Max GO also require the subscriber to choose a username and password on those sites as well, which means yet another account and password to remember.  After about 10 minutes of the irritating multi-step process, access was finally granted.

HBO Go currently has 230 movies available for instant viewing, a large number of which are hardly recent.  The 1953 version of Titanic, for example.  Really?  Oh, God with George Burns and John Denver, the 1979 please-edit-me snoozefest Star Trek: The Motion Picture, and all three Back to the Future movies seemed like a lot of dated filler material for a $15 a month premium movie channel.  Better offerings were found under the series, specials, and comedy categories which delivered a full library of a number of HBO productions, as well as current events shows like Real Time with Bill Maher.  (The latter only included a handful of episodes from the current season and some earlier editions.)

Our biggest trouble came when we tried playing from the menu of titles.  This is no Netflix.  We found picture quality often lacking, with plainly visible screen anomalies, and the stream was interrupted several times for buffering.  Either pent-up demand for HBO Go is causing Time Warner customers to pound the service during the business day, or HBO needs to beef up its server capacity. We did several speed tests and found our connection stable at 30/5Mbps, so this was not a Time Warner Cable broadband problem.

The best part about HBO and Cinemax GO is that it comes free with subscriptions to one or both channels.  We’d have a hard time justifying paying extra for the current online viewing experience.  It also remains ironic that Time Warner Cable executives continue to foster a desire to implement Internet Overcharging schemes like usage caps and/or consumption billing while encouraging customers to consume more bandwidth with online video services such as these.

Time Warner Cable partner Bright House Networks is anticipated to launch both services themselves shortly.

Virgin Media is doubling customer broadband speeds... for free.

Great Britain is leapfrogging ahead in the global broadband speed race with two announcements this morning that represent major advances in British broadband.

First, Virgin Media is announcing it will double the broadband speeds for four million of its customers starting next month, for free.

The company says it will be the first residential provider in the United Kingdom offering 120Mbps broadband — a 20Mbps speed increase for their existing 100Mbps clients.  Customers on Virgin’s 10, 30, and 50Mbps tiers will soon receive free upgrades to 20, 60, and 100Mbps, respectively.  Those on the company’s popular 20Mbps plan will have their speeds tripled to 60Mbps.

That’s a major advancement for British broadband, where dominant BT-provided DSL runs at speeds averaging just over 6Mbps.

The new speeds were made possible by “modest investments” in Virgin’s fiber network, according to Virgin Media CEO Neil Berkett.

Berkett said the new speeds would help meet growing demand for faster access to support the proliferation of new digital devices.  Because Virgin invested primarily in fiber and cable broadband, speed upgrades on their existing infrastructure come “at a fraction of the cost of other network operators.”

That understanding was not lost on Sky Broadband, a growing competitor in the United Kingdom.  Sky this morning announced it has launched a newly-upgraded 100Gbps optical network to support its 3 million broadband customers.  The company is spending several hundred million British pounds on updating its network to position itself to become Britain’s largest Internet Service Provider.

Sky’s new network is based on the latest Alcatel-Lucent fiber technology, capable of supporting 100Gbps speeds on each of the individual 88 wavelengths on a single optical fiber.  Sky deployed the new dense wavelength division multiplexing technology on its existing optical fiber backbone network, demonstrating the infinite upgrade possibilities fiber optic technology offers.

Sky pitches its network capacity to consumers as a key benefit of its service, noting it is free of “traffic management” policies that reduce speeds for customers of other Internet providers.

The upgrade arrives just in time to handle the expected explosion of online traffic with this week’s introduction of Netflix streaming across Great Britain.

Verizon Communications has held no talks with Netflix about a possible acquisition, despite frenzied media reports to the contrary.

Deal Reporter, a trade publication, was the source of the original rumor, but Bloomberg News reports the story is premature after talking with two sources who should know.

The rumored takeover did wonders for Netflix stock, which jumped more than six percent on the news.  That’s a boost the streaming and DVD-rental service needed after a year of public relations missteps and subscriber losses.

Verizon’s recent move towards launching its own streaming entertainment service outside of its FiOS fiber-to-the-home service areas made the rumor more credible, but other analysts think Verizon’s interest is on different company that shares Netflix’s love of the color red.

“Verizon’s not interested in Netflix, they see Redbox as a much better fit,” Sam Greenholtz, an analyst with Telecom Pragmatics in Westminster, Maryland, who has consulted for Verizon and was briefed by its employees about its plan, told Bloomberg.

It’s not the ubiquitous network of Redbox kiosks Verizon is after, it is the content distribution deals the company has with Hollywood studios.  Those deals are becoming quite lucrative for production companies — so lucrative in fact Time Warner’s chief entertainment mogul has cut back on his personal bashing of Netflix.  With Amazon, Time Warner’s own HBO Go, and Verizon entering the online video fray, Netflix CEO Reed Hastings declared there is now an “arms race” among the behemoths to dominate online viewing, and jack up licensing fees.

Hastings sees only the deepest-pocketed players as having a chance to make a stand in the online streaming marketplace, because content costs are increasing dramatically.  Hastings says Verizon and Amazon are bit players because they don’t offer a deep catalog of content and their offerings are more difficult to view on the family television set.

“The competitor we fear most is HBO Go,” Hastings said. “HBO is becoming more Netflix-like and we’re becoming more HBO-like. The two of us will compete for a very long time.”

HBO Go is part of the cable industry’s TV Everywhere project, delivering online video services to authenticated cable-TV subscribers.  Although HBO Go is typically included for free with an HBO subscription, the premium movie channel’s price has increased dramatically in the last three years.  In many areas, a monthly subscription for HBO now runs just shy of $15 a month.

CNN Money pondered whether Netflix can ultimately stay independent in a country where vertically and horizontally integrated super-sized entertainment companies control programming, distribution, and the Internet providers consumers use to access the content.  Netflix may still be an acquisition target:

Verizon. On the one hand, Verizon appears to be showing stronger interest in Redbox, which is planning to launch a streaming-video service in May 2012. On the other hand, Redbox is likely to face the same onerous licensing costs that plague Netflix, and Verizon might be better off buying a company experienced in licensing streaming rights. And besides, by hinting of a Redbox deal, Verizon can push down Netflix’ price – making a deal that much cheaper.

But if a Verizon deal makes sense on the face of it, it could become problematic over time. The two companies’ cultures are incompatible. Netflix takes risks that often (but not always) pay off, and builds its products around the customer’s experience. Verizon is risk-averse and builds its strategies on wringing fees from customers. If Netflix members staged a revolt over of the subscription fiasco, imagine how they’d react if Verizon raised fees further or demanded Netflix users sign up with its Internet service.

Microsoft. Netflix could give Microsoft the popular online service it’s never been able to build on its own. The Xbox has gone from gaming console to a well-received smart TV device, and integrating Netflix’ streaming-video service could put it ahead of Apple and Google. Plus, Reed Hastings could bring Microsoft a seasoned executive who instinctively understands where digital content is going.

Google. If the search giant can buy a phone maker, why not a video service? At $42.6 billion Google’s cash stockpile is 116 times the size of Netflix’s. Google already owns the only other digital-video property that has been embraced by the masses: YouTube. Combining the best features of both could lead to the only site you’d need to visit to get your video fix. Google’s recent comments on a controversial anti-piracy bill, however, could strain relations with studios that Netflix must license from.

Apple. As with Google, Apple’s $45 billion in cash will not only buy Netflix but sign many content deals and still leave tens of billions in the coffers. Thanks to iTunes, Apple has longstanding relationships with TV and movie studios, which could secure better terms for Netflix. And like iTunes, Netflix could spur enough sales of Apple devices that Apple doesn’t need to worry about making the profit that Netflix investors expect today.

Amazon. For as long as Netflix has been around, someone has been suggesting a merger with Amazon. Consumers have been buying DVDs from Amazon for years, and with IMDB, the best single film database on the planet, finding and researching movies to watch would be a cinch. The catch has been that owning Netflix’s mailing facilities would open it up to taxes in many states. But that may change now that Netflix seems ready to sell off its shrinking DVD-rental business.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg Bibb on Verizons Possible Bid for Netflix 12-12-11.flv[/flv]

Porter Bibb, managing partner at Mediatech Capital Partners LLC, talks about Verizon Communications Inc.’s possible offer for Neflix Inc. and the outlook for the streaming video industry. He was widely cited as one of the primary sources of the Verizon acquisition rumor.  He speaks with Jon Erlichman on Bloomberg Television’s “Bloomberg West.”  (5 minutes)

Verizon Communications plans to introduce its own standalone streaming video service that will compete head-to-head with Netflix, according to a breaking, exclusive report from the Reuters news service.

The phone company is said to be in negotiations with several programming partners that could make available popular movies and television shows on the service, which would be sold exclusively in areas not wired for Verizon’s fiber-to-the-home service FiOS, starting early next year.

Netflix stock once again took a pounding on the news, down as much as 5%.  Netflix has experienced serious challenges in its transition to a streaming service, including intransigent programmers who want to be paid considerably more to extend licensing deals.  Netflix has been forced to raise prices and split its DVD rental and streaming plans, provoking anger among subscribers.

Reuters reports the service will have a limited offering from the outset, perhaps picking up expiring contracts Netflix had with Liberty Media’s Starz Play and Viacom’s Epix.  Epix includes titles from Paramount, Lions Gate and MGM, and is set to expire at Netflix next September.

Verizon is said to be interested in expanding its services beyond its FiOS customer base to obtain better rates from programmers.  The more subscribers with access to your service, the better the volume discount.  By limiting the new movie service to non-FiOS areas, Verizon will protect from cannibalizing customers from its own fiber network while opening the door to lower per-subscriber costs for programming.

Analysts say the deal will likely be closer in comparison to Amazon’s limited streaming service, available at no charge to its Amazon Prime customers.  Netflix has a broader catalog of online titles.  But they expect Verizon to price the service competitively with Netflix to attract customers and compete for similar programming rights.

Verizon may repackage content originally intended for the standalone streaming service for its existing FiOS customers under a TV Everywhere concept, meaning the programming would be accessible to FiOS subscribers who maintain video subscriptions with the phone company, perhaps without any additional charges.

[flv]http://www.phillipdampier.com/video/CNBC Netflix Stock Takes a Hit 12-6-11.flv[/flv]

Netflix stock is still being pounded, now even more so after Verizon’s announcement it is entering their business space.  Will Netflix ultimately be sold to a bigger player to survive?  CNBC investigates.  (4 minutes)

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WSJ Verizon May Enter Streaming Video Market 12-6-11.flv[/flv]

The Wall Street Journal digs into Verizon’s video announcement, and how it will likely impact Netflix and the online video marketplace.  With a programming bidding war, customers may actually end up paying more for online video.  (5 minutes)